Author : Douglas Clark
Publisher : Oxford University Press, USA
Page : 313 pages
File Size : 28,5 MB
Release : 2011-08-25
Category : Law
ISBN : 0199730253
In Patent Litigation in China, Douglas Clark provides U.S. and other non-Chinese practitioners with an overview of the patent litigation system in China and with strategic commentary to ensure better decision-making by those responsible for bringing or defending patent actions in China.
Author : Kenneth L. Dorsney
Publisher : American Bar Association
Page : 0 pages
File Size : 33,63 MB
Release : 2012
Category : Biotechnology
ISBN : 9781614384786
Examining the intersection between the statutory and regulatory scheme governing approval of generic pharmaceuticals and U.S. patent law in the context of Paragraph IV ANDA litigation, this comprehensive guide focuses on current and developing law as well as litigation strategies and tactics. This ready roadmap begins with an explanation of the Hatch-Waxman Act, its implementation, and litigation. Other topics include preparing and trying the case, post-trial issues and appeals, remedies, settlement, antitrust implications, and litigation of pharmaceuticals outside the U.S.
Author : James Bessen
Publisher : Princeton University Press
Page : 346 pages
File Size : 23,20 MB
Release : 2009-08-03
Category : Law
ISBN : 1400828694
In recent years, business leaders, policymakers, and inventors have complained to the media and to Congress that today's patent system stifles innovation instead of fostering it. But like the infamous patent on the peanut butter and jelly sandwich, much of the cited evidence about the patent system is pure anecdote--making realistic policy formation difficult. Is the patent system fundamentally broken, or can it be fixed with a few modest reforms? Moving beyond rhetoric, Patent Failure provides the first authoritative and comprehensive look at the economic performance of patents in forty years. James Bessen and Michael Meurer ask whether patents work well as property rights, and, if not, what institutional and legal reforms are necessary to make the patent system more effective. Patent Failure presents a wide range of empirical evidence from history, law, and economics. The book's findings are stark and conclusive. While patents do provide incentives to invest in research, development, and commercialization, for most businesses today, patents fail to provide predictable property rights. Instead, they produce costly disputes and excessive litigation that outweigh positive incentives. Only in some sectors, such as the pharmaceutical industry, do patents act as advertised, with their benefits outweighing the related costs. By showing how the patent system has fallen short in providing predictable legal boundaries, Patent Failure serves as a call for change in institutions and laws. There are no simple solutions, but Bessen and Meurer's reform proposals need to be heard. The health and competitiveness of the nation's economy depend on it.
Author : Thomas F. Cotter
Publisher : Oxford University Press
Page : 361 pages
File Size : 17,7 MB
Release : 2018
Category : Law
ISBN : 0190244437
In Patent Wars, one of America's leading patent scholars provides an accessible overview of U.S. patent law; the arguments for and against patents; and the ongoing debates over topics including the patentability of genes, software, and business methods, the impact of patents on drug prices, "patent trolls," and the smartphone wars.
Author : Gregory J. Battersby
Publisher : Wolters Kluwer
Page : 1816 pages
File Size : 13,12 MB
Release : 2012-10-24
Category : Law
ISBN : 1454822546
Patent Disputes: Litigation Forms and Analysis, Second Edition contains over 60 full-length agreements - with accompanying checklists and commentary - covering virtually every area of patent litigation in federal courts and before other administrative bodies, such as interpartes proceedings in the PTO. The book is organized sequentially, following the course of the litigation process - from complaint to appeals. Forms include: Sample complaints for federal court and administrative proceedings Sample answers, counterclaims and third party complaints Sample motions ranging from Motion to Dismiss to Motions for Sanctions/Attorney's Fees Discovery forms, such as interrogatories and protective orders Forms for Markman Hearings Trial forms such as jury instructions Forms for appeal such as Notice of Appeal, and Petition for Cert With your purchase of Patent Disputes: Litigation Forms and Analysis, Second Edition, you'll also receive the bonus companion CD-ROM containing fully customizable versions of all of the forms and documents in the book.
Author : National Research Council
Publisher : National Academies Press
Page : 352 pages
File Size : 39,74 MB
Release : 2003-08-11
Category : Political Science
ISBN : 0309167183
This volume assembles papers commissioned by the National Research Council's Board on Science, Technology, and Economic Policy (STEP) to inform judgments about the significant institutional and policy changes in the patent system made over the past two decades. The chapters fall into three areas. The first four chapters consider the determinants and effects of changes in patent "quality." Quality refers to whether patents issued by the U.S. Patent and Trademark Office (USPTO) meet the statutory standards of patentability, including novelty, nonobviousness, and utility. The fifth and sixth chapters consider the growth in patent litigation, which may itself be a function of changes in the quality of contested patents. The final three chapters explore controversies associated with the extension of patents into new domains of technology, including biomedicine, software, and business methods.
Author : Dewani, Nisha Dhanraj
Publisher : IGI Global
Page : 296 pages
File Size : 13,79 MB
Release : 2019-12-27
Category : Law
ISBN : 1799818373
Traditional knowledge is largely oral collective of knowledge, beliefs, and practices of indigenous people on sustainable use and management of resources. The survival of this knowledge is at risk due to various difficulties faced by the holders of this knowledge, the threat to the cultural survival of many communities, and the international lack of respect and appreciation of traditional knowledge. However, the greatest threat is that of appropriation by commercial entities in derogation of the rights of the original holders. Though this practice is morally questionable, in the absence of specific legal provisions, it cannot be regarded as a crime. Intellectual Property Rights and the Protection of Traditional Knowledge is a collection of innovative research on methods for protecting indigenous knowledge including studies on intellectual property rights and sovereignty rights. It also analyzes the contrasting interests of developing and developed countries in the protection of traditional knowledge as an asset. While highlighting topics including biopiracy, dispute resolution, and patent law, this book is ideally designed for legal experts, students, industry professionals, and practitioners seeking current research on the development and enforcement of intellectual property rights in relation to traditional knowledge.
Author : Stathis Arapostathis
Publisher : MIT Press
Page : 311 pages
File Size : 24,84 MB
Release : 2013
Category : Biography & Autobiography
ISBN : 0262019035
An examination of the fierce disputes that arose in Britain in the decades around 1900 concerning patents for electrical power and telecommunications. Late nineteenth-century Britain saw an extraordinary surge in patent disputes over the new technologies of electrical power, lighting, telephony, and radio. These battles played out in the twin tribunals of the courtroom and the press. In Patently Contestable, Stathis Arapostathis and Graeme Gooday examine how Britain's patent laws and associated cultures changed from the 1870s to the 1920s. They consider how patent rights came to be so widely disputed and how the identification of apparently solo heroic inventors was the contingent outcome of patent litigation. Furthermore, they point out potential parallels between the British experience of allegedly patentee-friendly legislation introduced in 1883 and a similar potentially empowering shift in American patent policy in 2011. After explaining the trajectory of an invention from laboratory to Patent Office to the court and the key role of patent agents, Arapostathis and Gooday offer four case studies of patent-centered disputes in Britain. These include the mostly unsuccessful claims against the UK alliance of Alexander Graham Bell and Thomas Edison in telephony; publicly disputed patents for technologies for the generation and distribution of electric power; challenges to Marconi's patenting of wireless telegraphy as an appropriation of public knowledge; and the emergence of patent pools to control the market in incandescent light bulbs.
Author : C. Bradford Biddle
Publisher : Cambridge University Press
Page : 379 pages
File Size : 34,65 MB
Release : 2019-06-27
Category : Business & Economics
ISBN : 1108426751
Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.
Author :
Publisher : American Bar Association
Page : 324 pages
File Size : 17,65 MB
Release : 2008
Category : Law
ISBN : 9781604421026
"This addition to the Model Jury Instructions series, published by the ABA Section of Litigation, provides clear and balanced instructions for presentation to juries in copyright, trademark and trade dress litigation. These models accurately and impartially present the elements and critical definitions of copyright, trademark and trade dress law in language that is understandable and familiar to the average juror. The book includes a CD-ROM of the jury instructions that allows for easy adaptation to particular cases or points. Chapter introductions give overviews of the current state of the law, including the major recent cases in most jurisdictions, with discussions of the practical issues you might have to consider. Individual instructions are followed by commentary that includes discussion of the cases from which the instruction was derived, as well as how and when to adapt the instruction to particular cases, to the laws of particular states, to the requirements of particular jurisdictions, or in the light of inconsistent authority. Besides making it easy to present first-rate instructions, the models and supporting citations give you an excellent starting place from which to investigate the nuances of a particular jurisdiction. This book gives you the framework for preparing and trying your case, from analyzing the fact situation and planning strategy to preparing your final argument."--Publisher's website.
